Gazza-d

Something else to consider is that if your spouce dies you loose you 13a. Not sure how this would effect your inheritance.

mikemike

You do not lose your 13 a in such circumstances

You may wish to contact the BID and confirm, I did

Philosophical 11

Gazza:

I haven't accepted anything. If I was able to by a house then I would have no qualms about putting it in her name. That appears to be the norm unless I find out otherwise. Not sure where the paranoia comes into it. But this does not refer to me, I have an ex-pat who thinks he can own a house along the lines I have described,,,ie not condo or self built. Just trying to help him out with correct info.

Regards

Philosophical 11

Greetings!

Well it appears my American friend was correct and I was wrong in the statement on my first post. A foreigner can own a house in the Phils but obviously not the land on which it sits. I suspect this problem can be overcome by a lease agreement. Condo's have different rules.

https://kittelsoncarpo.com/property-ownership/

I guess this is the salient point....**Foreigners owning a house or building in the Philippines is legal as long as the foreigner does not own the land on which the house is build**

Regards

.

mikemike

You can also purchase leasehold town houses. No where near as common as condos, they do exist.

David Mashael

It is illegal to lease land from your spouse. The law is not limited to a foreigner not owning land, he cannot be allowed to control it either. A spouse is considered allowing control if leased in this way.
What you may consider is the following.......

A foreigner spouse may wish to execute with his filipina wife a 'deed of user fract '.

It's a legal contract recognized in the Philippines. Essentially it gives the foreigner the right to live in the house and lot for the term of the contract without fear of being kicked out should the marraige go south.

Additionally the wife cannot sell or dispose of the property during the term... Usually the term is for the life of the foreigner.

'Usufruct is a limited real right (or in rem right) found in civil-law and mixed jurisdictions that unites the two property interests of usus and fructus:

Usus (use) is the right to use or enjoy a thing possessed, directly and without altering it.Fructus (fruit, in a figurative sense) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on. '

Philosophical 11

David M:

Good advice.

**It is illegal to lease land from your spouse** I believe this is because a husband and wife is viewed upon as one entity. You cannot lease from yourself.

Regards

PS....looks as though the guys proposed house purchase has fallen through. The seller agreed to loan him the money to purchase the house, and a monthly repayment plan was agreed. But the owner wants 6 months payment up front. .... and thereafter payment every 6 months. I think he smelt a rat.

Raffin

Yes...the problem can be overcome..... with a Tree House!

Find a suitable tree on land with a long lease, well away from illegal loggers, of course.

Oh...but those insects, tree decay, high winds, utility and sanitary provision,small boys bringing down fruit etc. Maybe not!

Philosophical 11

Raffin:

I am currently looking on Ebay for a tent for 2. Pitched on the beach here....WC and shower facilities close by. Internet poor though... It shall be in my name...

Regards

Gazza-d

http://immigration.gov.ph/images/Mem...BM2014-009.pdf

If you have children under 21 and not married they can reapply on your behalf. It's not you that is given the 13a it is your wife that aquires it on your behalf.

mikemike

Gazza. I have aquired the 13a on my behalf with my wife as sponsor. Should I abandon my sponsor the 13a may be revoked.

suggest you re read the part on how the 13a is removed....except upon death of spouse

''except:

a. If the dissolution of the marriage is due to the death of the Filipino wife and there is/are surviving child/children of such marriage;''


Never made sense that a surviving spouse father of filipino kids would get deported because the spouse died. Under age kids do not have legal capacity to sponsor a 13a for their surviving alien parent

MikeNZ

With most things in the Philippines if you can't afford to lose it or leave it to someone else don't buy it. Have bought two houses in the Philippines got one left. 50% retention rate not bad.

Gazza-d

Re reading it the except is only if you have children, no children or they have reached 21 and it will be revoked.

mikemike

Suggest you read it again

The ones that get revoked are the dependent visa. Onec they git 21 they are no longer dependent. I think this is moot and academic as they are pinoy kids with pinoy passport. Unless they are overseas and hare deemed to have given up their citizenship which then needs re acquired. Suggest you write to BID for further clarification. I did, and I now know for certain that when my two grow up and are deemed self dependent I will not be booted out if my wife had pre deceased me

Gazza-d

"Under age kids do not have legal capacity to sponsor a 13a for their surviving alien parent."

In part b) it would appear that they do.

"or the child, as petitioner may file a petition for Non-Quota Immigrant visa under CA No613, section 13a or TVR of the foreign husband.